Divorce Questions & Answers

Q: When to Start a Divorce Process?

1 Answer | Asked in Divorce and Family Law for North Carolina on
Answered on Oct 17, 2017

It's a personal preference. You must be separated for one year to file for divorce but there are other marital issues that can be resolved right away.through a consensual separation agreement or court action if necessary. There is no question that being fair with your spouse and resolving things yourselves is the best way to go otherwise all you are really doing if you fight it out in court is paying strangers to decide things you and your spouse could likely decide yourselves for free. A...
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Q: I have separated from my wife for over 15 years, no kids. I purchased a house 2 years after the separation, so do I need

2 Answers | Asked in Divorce for Colorado on
Answered on Oct 16, 2017

Yes, you need to list all assets owned by you regardless of when you acquired them.
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Q: Is my separation agreement enough to evict? What can I expect?

1 Answer | Asked in Divorce for Virginia on
Answered on Oct 16, 2017

The best advice is to listen to the attorney you already have. That person is going to know the specifics of the case better than any attorney online answering questions. It's possible that you may have a case for an unlawful detainer, but your attorney is in the best place to answer that. If you are unsatisfied, get a second opinion in person from another local attorney. Good luck to you.
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Q: Are both parents liable for fines for a minor who starts a brush fire when divorced & mother has physical custody

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Answered on Oct 15, 2017

That’s up to the criminal court judge to decide
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Q: my wife left about 12 years ago I had a lawyer years ago how can I legally end this ridiculous marriage.

2 Answers | Asked in Divorce for Illinois on
Answered on Oct 15, 2017

Have ur lawyer proceed or get a new one. A 12 year old case is likely dismissed.
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Q: If I was awarded a portion of my ex's 401k, but I never filed for the QDRO, how do I go about filing these forms?

1 Answer | Asked in Bankruptcy and Divorce for Georgia on
Answered on Oct 15, 2017

You need to hire an attorney to draft the QDRO. I recommend the following attorney - https://www.mlundylaw.com/
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Q: What is my cousins rights about the property purchased here in US while married and now processing the divorce?

1 Answer | Asked in Divorce, Family Law, Immigration Law and Real Estate Law on
Answered on Oct 15, 2017

How long she was married and stayed together? As property was purchased during matrimonial time, she, by virtue of law, own 50% thereof even if name not mentioned on contract. For more specific advice consult Attorney of local jurisdiction where she lives or property lies.
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Q: Is income from investments considered marital property?

1 Answer | Asked in Divorce for Florida on
Answered on Oct 15, 2017

No, the income stream is not property, it's income. If you have accumulated that income, and set it apart, that fund might be considered non-marital property. The investments themselves may very well be non-marital property.
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Q: How do you decide alimony

1 Answer | Asked in Divorce for Georgia on
Answered on Oct 15, 2017

Below are the legal factors in determining alimony. Alimony awards vary by county, judge and each individual case. You should contact an attorney to discuss your specific case.

§ 19-6-5 - Factors in determining amount of alimony; effect of remarriage on obligations for alimony

(a) The finder of fact may grant permanent alimony to either party, either from the corpus of the estate or otherwise. The following shall be considered in determining the amount of alimony, if any, to...
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Q: Where can I find pro bono divorce (legal separation) layer? Can I file a legal separation while I am outside of USA?

1 Answer | Asked in Child Support and Divorce for Illinois on
Answered on Oct 14, 2017

Yes, if you file here before you leave. You must have lived in IL for 90 days prior to filing, and you must be willing to come back here for your court date.
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Q: The decree says “The Petitioner shall pay to the Respondent alimony in lieu of property settlement in the amount of ***

1 Answer | Asked in Divorce for Oklahoma on
Answered on Oct 14, 2017
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Q: Can I get a divorce in mich if I don't know where my husband is

1 Answer | Asked in Divorce for Michigan on
Answered on Oct 14, 2017

How long your husband is away? Do you have access on phone? Meantime, rules does provide for submission/filing of divorce paper to respective Court. Also consult Attorney of your local jurisdiction for specific advice.
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Q: Can a judge approve/ grant a divorce if after being served with divorce papers (5 years ago) nothing else has been done?

1 Answer | Asked in Divorce for Pennsylvania on
Answered on Oct 14, 2017

Consult your Attorney for moving a motion for early hearing, if need be/decision of your divorce.
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Q: how can incarcerated husband enforced deal with wife, to deposit him monthly half of the monies from a rental property?

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Florida on
Answered on Oct 13, 2017

If the lease (rental agreement) was executed in his name, pursuant to the POA, he should be able to notify the tenants to make the rental payments directly to him; specify another account, in other words.

Adultery doesn't make much difference in a divorce in this day and age.
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Q: Is there a time limit on the length of time it takes to write the final document for a divorce?

1 Answer | Asked in Divorce for Oregon on
Answered on Oct 13, 2017

It all depends on the circumstances of how the case was settled. I prefer to do family law settlements on the record in court to memorialize the terms of the agreement. That way, when there is a delay in the paperwork or a dispute, I can draft my own documents for my client and set a hearing date with the Judge and get a copy of the oral settlement that was done on the record to give the Judge. (Most courts have tape recorders and you can order the CD for about $10.00) The Judge will sign my...
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Q: Serving papers- I’ve been living in FL for about 5 months (not legal resident yet) and I snail-mailed my husband papers,

1 Answer | Asked in Divorce for Florida on
Answered on Oct 13, 2017

In a divorce case it does not matter who the Petitioner is. To protect yourself, if he files first then you should file a Counter Petition.
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Q: If a child is being watched at dad's house by grandparents while mom works does that mean he gets primary custody?

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Illinois on
Answered on Oct 13, 2017

If anyone needs to consult in person with a divorce lawyer, it is you.You cannot get the advise you are seeking from this forum. This is because a lawyer must question you to learn all of the facts of your particular situation. You have submitted only minimal facts hat do not allow for a responsible answer.

However, your case can be better than his scary papers want you to believe. It all depends on what is best for the child. Don't fret unless a lawyer tells you to.
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Q: I am an Illinois state resident. Can I legally move to California, pregnant, without my husband's consent?

2 Answers | Asked in Divorce, Family Law and Child Custody for Illinois on
Answered on Oct 12, 2017

You can move wherever you want.

The only catch is that he may file for divorce and a parenting plan in Illinois.
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Q: Divorce and child custody

1 Answer | Asked in Divorce for North Carolina on
Answered on Oct 12, 2017

She can do it if you let her or you can hire an attorney.
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Q: I have only been married a year. The house is in my husband's name and he is saying I can't get the house. Is this true

1 Answer | Asked in Divorce for Michigan on
Answered on Oct 12, 2017

With a marriage of 1 year you might be lucky to get 50% of the value of the guns you claim were purchased during the marriage. What happens when he asks you for 50% of the value of the clothing you may have purchased during the marriage with joint money? What is the ratio of your respective incomes? As for the house you will get nothing, especially since it was his premarital property.
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